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People v. Carter

New York Supreme Court — Appellate Division
Feb 14, 2024
203 N.Y.S.3d 400 (N.Y. App. Div. 2024)

Opinion

02-14-2024

The PEOPLE, etc., respondent, v. Jeremiah CARTER, appellant.

Patricia Pazner, New York, NY (Anna Jouravleva of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Ann Marie Turton on the memorandum), for respondent.


Patricia Pazner, New York, NY (Anna Jouravleva of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Ann Marie Turton on the memorandum), for respondent.

MARK C. DILLON, J.P., LINDA CHRISTOPHER, DEBORAH A. DOWLING, CARL J. LANDICINO, JJ.

DECISION, & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Evelyn L. Braun, J.), imposed April 6, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Heyward, 198 A.D.3d 919, 152 N.Y.S.3d 825). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145). DILLON, J.P., CHRISTOPHER, DOWLING and LANDICINO, JJ., concur.


Summaries of

People v. Carter

New York Supreme Court — Appellate Division
Feb 14, 2024
203 N.Y.S.3d 400 (N.Y. App. Div. 2024)
Case details for

People v. Carter

Case Details

Full title:The PEOPLE, etc., respondent, v. Jeremiah CARTER, appellant.

Court:New York Supreme Court — Appellate Division

Date published: Feb 14, 2024

Citations

203 N.Y.S.3d 400 (N.Y. App. Div. 2024)